In re Craig Steven Romanzi

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 2 years 9 months ago

Citation:

20-2278/21-1004, 2022 WL 1055497 (6th Circuit, Apr 08,2022) Published

Case Status:

Affirmed

Ruling:

Bankruptcy Court correctly confirmed Arbitration Award and District Court correctly affirmed Bankruptcy Court. Arbitration award correctly entered and entitled to confirmation and enforcement.

Judge(s):

Boggs, Thapar and Bush

Tag(s):

• 6th Circuit
• Alternative Dispute Resolution
• Bankruptcy Litigation
• Consumer Bankruptcy

In re Michelle Dougherty-Kelsay

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 2 years 9 months ago

Citation:

19-8013, 2022 WL 830907 (6th Circuit, Mar 21,2022) Published

Case Status:

Affirmed

Ruling:

Creditor did not violate stay by seeking state court award of child support but did violate stay by asking state court to order Debtor to pay without limiting source of payment to post-petition...

Judge(s):

Dales, Mashburn and Price Smith

Tag(s):

• 6th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Family/Divorce Issues
• 11 U.S.C § 362

In re: George J. McPherson

• Summarized by J. Debbeler , Bricker Graydon LLP
• 2 years 9 months ago

Citation:

21-8011/8012 (Consolidated) (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...

Judge(s):

Croom, Dales (dissenting) and Stout (opinion author)

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Claims
• Consumer Bankruptcy
• Professional Practice Areas
• Bankruptcy Taxation
• Health Care
• Section 507(a)(8)

In re- Howard D. Juntoff

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 9 months ago

Citation:

21-8011 & 21-8012 (6th Circuit, Mar 21,2022) Published

Case Status:

Reversed

Ruling:

Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...

Judge(s):

Alan C. Stout; James L. Croom; and Scott W. Dales

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3002; Fed. R. Bankr. P. 3007
• 11 U.S.C. § 507(a)(8)(A); 11 U.S.C. § 507(a)(8)(E)

In re: Lance Herschel Harrison

• Summarized by Ryan Heilman , Heilman Law PLLC
• 2 years 10 months ago

Citation:

21-8008 (6th Circuit, Feb 28,2022) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit B.A.P. affirmed the bankruptcy court's summary judgment order declaring debt to be nondischargeable on the basis of embezzlement and/or larceny. The Court held that although both...

Judge(s):

BAUKNIGHT, CROOM, and STOUT

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Fraud
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Commercial Fraud
• Uniform Commercial Code/Article 9
• 11 U.S.C. § 523(a)(4)

In re Jack Warren Harang

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 6 days ago

Citation:

21-8003 (6th Circuit, Dec 28,2021) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Sixth Circuit (BAP) affirmed the authority of a bankruptcy judge to impose conditions on the voluntary, but with prejudice, dismissal of an adversary...

Judge(s):

Scott W. Dales; Randal S. Mashburn; and Tracey N. Wise

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Fed. R. Bankr. P. 7041 (Fed. R. Civ. P. 41); Fed. R. Bankr. P. 7037 (Fed. R. Civ. P. 37)
• 11 U.S.C § 303

In re: David Austin Tolliver

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 1 week ago

Citation:

No. 20-8021 (6th Circuit, Dec 20,2021) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

A judgment entered by a Utah state court as a sanction for producing fraudulent documents in discovery may have preclusive effect on the issue of fraud in subsequent 11 U.S.C. § 523(a)(2)(A) and...

Judge(s):

CROOM, GUSTAFSON, and PRICE SMITH, Bankruptcy Appellate Panel Judges

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 523(a)(2)(A)
• 523(a)(6)

In re Ronald Smith

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 3 years 7 months ago

Citation:

20-3150 (6th Circuit, Jun 09,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...

Judge(s):

Gibbons, Kethledge and Murphy; Opinion by Kethledge

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• FRBP 9024; FRCP 60(b)

In re: Frank Ragone Jr.

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 3 years 7 months ago

Citation:

20-8013, 2021 WL 1923658 (6th Circuit, May 13,2021) Published

Case Status:

Affirmed

Ruling:

Creditor's Counsel's law firm and Counsel personally liable for violation of discharge injunction by continuing garnishment proceedings on discharged debt and failing to return improperly garnished...

Judge(s):

Croom, Wise and Dales (concurringin part and dissenting in part)

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C § 524

In re Murray Energy Holdings Co.

• Summarized by Sarah Tomlinson , Summers Compton Wells
• 3 years 11 months ago

Citation:

United States Bankruptcy Appellate Panel of the Sixth Circuit No. 20-8017 (6th Circuit, Feb 01,2021) Published

Case Status:

Dismissed

Ruling:

The Court of Appeals dismissed CONSOL's appeal of the Settlement Order and Opinion entered by the Bankruptcy Court for lack of standing. The Court of Appeals held that the Settlement Order did not...

Judge(s):

The Hons. Croom, Dales, and Wise

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Plan Confirmation
• Insurance
• Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 1114(g)

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